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01-28-2020 (Queensbury Planning Board Meeting 01/28/2020) QUEENSBURY PLANNING BOARD MEETING SECOND REGULAR MEETING JANUARY 28, 2020 INDEX Site Plan No. 79-2019 Don Bernard 1. Freshwater Wetlands Permit 8-2019 Tax Map No. 239.8-1-15 Site Plan Modification No. 1-2020 Queensbury Square, LLC 2. Tax Map No. 296.17-1-38 Subdivision No. 1-2020 Clear Brook, LLC 4. SKETCH PLAN Tax Map No. 316.14-1-6 (portion) Site Plan No. 4-2020 AREC 34, LLC – U HAUL 7. SEEK & ACCEPT L.A. STATUS Tax Map No. 303.19-1-71 THESE ARE NOT OFFICIALLY ADOPTED MINUTES AND ARE SUBJECT TO BOARD AND STAFF REVISIONS. REVISIONS WILL APPEAR ON THE FOLLOWING MONTH’S MINUTES (IF ANY) AND WILL STATE SUCH APPROVAL OF SAID MINUTES. 1 (Queensbury Planning Board Meeting 01/28/2020) QUEENSBURY PLANNING BOARD MEETING SECOND REGULAR MEETING JANUARY 28, 2020 7:00 P.M. MEMBERS PRESENT STEPHEN TRAVER, CHAIRMAN CHRIS HUNSINGER, VICE CHAIRMAN DAVID DEEB, SECRETARY JOHN SHAFER JAMIE WHITE BRAD MAGOWAN MICHAEL DIXON, ALTERNATE MEMBERS ABSENT MICHAEL VALENTINE LAND USE PLANNER-LAURA MOORE STENOGRAPHER-MARIA GAGLIARDI MR. TRAVER-Good evening, ladies and gentlemen. Welcome to the Town of Queensbury Planning Board th meeting for Tuesday, January 28. This is our second meeting for January and also our second meeting for 2020. Please note the illuminated exit signs. In the event of an emergency that is your way out. If you have an electronic device, a cell phone or other device, if you would silence the ringer or turn it off we’d appreciate that so it won’t interrupt our meeting, and we have no administrative items this evening. So we can move right to our regular agenda and first under Old Business we have Site Plan 79-2019, Don Bernard. OLD BUSINESS: SITE PLAN NO. 79-2019 FRESHWATER WETLANDS PERMIT 8-2019 SEQR TYPE: TYPE II. DON BERNARD. AGENT(S): AJA ARCHITECTURE. OWNER(S): SAME AS APPLICANT. ZONING: WR. LOCATION: 20 BRAYTON ROAD. APPLICANT PROPOSES TO TEAR DOWN AN EXISTING HOME TO CONSTRUCT A NEW SINGLE FAMILY HOME OF 1,060 SQ. FT. (FOOTPRINT) WITH 3,711 SQ. FT. OF FLOOR AREA. SITE WORK INCLUDES STORMWATER MANAGEMENT, PLANTINGS, SITE GRADING, NEW SEPTIC, NEW WELL AND REMOVAL OF SOME SHEDS. THE SITE WILL RETAIN AN EXISTING GARAGE OF 418 SQ. FT. AND A PORTION OF BRAYTON ROAD IS LOCATED ON A PORTION OF THE PROPERTY. PURSUANT TO CHAPTER 179-6-065 OF THE ZONING ORDINANCE, NEW FLOOR AREA IN A CEA SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: SEPTIC ALTERATIONS 2019, AV. WARREN CO .REFERRAL: JANUARY 2020. SITE INFORMATION: LGPC, APA, CEA. LOT SIZE: .28 ACRE. TAX MAP NO. 239.8-1-15. SECTION: 179-6-065 MR. TRAVER-Laura? MRS. MOORE-So this application was tabled at the Zoning Board so it will be tabled at the Planning Board. They still had some questions about the amount of setback relief that’s requested and I believe it’s the Floor Area. MR. TRAVER-Yes, it’s very, very tight. MRS. MOORE-Yes. MR. TRAVER-So you had suggested tabling to March 24. MRS. MOORE-Yes, because they have to go to the first Zoning Board meeting before they come back to the Planning Board. MR. TRAVER-Gotcha. Okay. All right. So we do have a public hearing on this application. Is there anyone in the audience that wanted to discuss the Don Bernard application with the Planning Board? I’m not seeing anyone, but we’ll open the public hearing because we’re tabling this and we’ll leave it open. PUBLIC HEARING OPENED 2 (Queensbury Planning Board Meeting 01/28/2020) MR. TRAVER-So that when it returns we’ll have that public hearing. So we have a draft tabling motion. Is there any discussion, any questions from members of the Board on this application that’s being tabled? Okay. I guess we’re ready for that motion. RESOLUTION TABLING SP # 79-2019 & FWW 8-2019 DON BERNARD The applicant has submitted an application to the Planning Board for Site Plan approval pursuant to Article 9 of the Town zoning Ordinance for: Applicant proposes to tear down an existing home to construct a new single family home of 1,060 sq. ft. (footprint) with 3,711 sq. ft. of floor area. Site work includes stormwater management, plantings, site grading, new septic, new well and removal of some sheds. The site will retain an existing garage of 418 sq. ft. and a portion of Brayton Road is located on a portion of the property. Pursuant to Chapter 179-6-065 of the Zoning Ordinance, new floor area in a CEA shall be subject to Planning Board review and approval. MOTION TO TABLE SITE PLAN NO. 79-2019 & FRESHWATER WETLANDS PERMIT 8-2019 DON BERNARD, Introduced by David Deeb who moved for its adoption, th Tabled to the March 24, 2020 Planning Board meeting. th Motion seconded by Brad Magowan. Duly adopted this 28 day of January, 2020, by the following vote: AYES: Mr. Deeb, Ms. White, Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Dixon, Mr. Traver NOES: NONE ABSENT: Mr. Valentine MR. TRAVER-Next under Old Business we have Queensbury Square, LLC, Site Plan Modification 1-2020. SITE PLAN MODIFICATION 1-2020 SEQR TYPE: UNLISTED. QUEENSBURY SQUARE, LLC. AGENT(S): HUTCHINS ENGINEERING. OWNER(S): MONTY LIU. ZONING: CI. LOCATION: 909 STATE ROUTE 9. APPLICANT PROPOSES A SITE PLAN MODIFICATION TO A 5,460 SQ. FT. BUILDING UNDER CONSTRUCTION. THE PROJECT IS TO INSTALL THREE 57 SQ. FT. PADS WITH CANOPY COVERS FOR A TOTAL OF 170 SQ. FT. THE PROJECT SITE INCLUDES AN EXISTING 7,000 SQ. FT. LIQUOR STORE. PURSUANT TO CHAPTER 179- 9-120 OF THE ZONING ORDINANCE, MODIFICATIONS TO EXISTING SITE PLAN FOR NEW COVERED DELIVERY ENTRANCE SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: SP 76-2017, AV 78-2017, AV 1-2020. WARREN CO. REFERRAL: JANUARY 2020 LOT SIZE: 1.42 ACRES. TAX MAP NO. 296.17-1-38. SECTION: 179-9-120. LUCAS DOBIE, REPRESENTING APPLICANT, PRESENT; MONTY LIU, PRESENT MR. TRAVER-Laura? MRS. MOORE-So this application appeared before the Zoning Board last week, was granted their relief requested for installing the three 57 square foot concrete pads with canopies over them. MR. TRAVER-Okay. Thank you. Good evening. Welcome back. MR. DOBIE-Okay. Thank you, Mr. Chairman, and good evening, Board and Staff and public. For the record Lucas Dobie with Hutchins Engineering representing Queensbury Square, LLC. We have Monty Liu, the managing member, with us tonight. Just real briefly we were here last Tuesday, discussed where we had an error with our original building design and we do have a building permit for that building. We ceased construction at the concrete phase, waited on framing so we could sort this issue out and we did receive our setback relief last week from the Zoning Board. So we’re here to ask for our Site Plan Modification approval for the three small gable covered entrances on the Weeks Road side of the building. So other than that, we’re happy to be here and entertain any questions the Board may have. Thank you. MR. TRAVER-Any changes as a result of the review by the ZBA? MR. DOBIE-There was not, Mr. Chairman. MR. TRAVER-Okay. Thank you. Questions, comments from members of the Board? MR. MAGOWAN-Well once again I’d just like to thank you for having the foresight to stop everything and come through the process. Because that really makes our job a lot easier and makes us kinder. 3 (Queensbury Planning Board Meeting 01/28/2020) MR. TRAVER-We do have a public hearing on this application. Is there anyone in the audience that wanted to address the Planning Board on the Queensbury Square application? I’m not seeing anyone. Are there any written comments, Laura? PUBLIC HEARING OPENED MRS. MOORE-There are no written comments. MR. TRAVER-Okay. Then we’ll close the public hearing. PUBLIC HEARING CLOSED MR. TRAVER-If there are no further questions or comments, we can move to a motion. MR. DEEB-We don’t need to re-affirm SEQR? MRS. MOORE-You need to re-affirm SEQR. MR. DEEB-Okay. So we’ll do that first. RESOLUTION RE: REAFFIRM SEQR NEG. DEC. SP MOD # 1-2020 QUEENSBURY SQUARE, LLC The applicant proposes a site plan modification to a 5,460 sq. ft. building under construction. The project is to install three 57 sq. ft. pads with canopy covers for a total of 170 sq. ft. The project site includes an existing 7,000 sq. ft. liquor store. Pursuant to Chapter 179-9-120 of the Zoning Ordinance, modifications to existing site plan for new covered delivery entrance shall be subject to Planning Board review and approval. The Planning Board has determined that the proposed project and Planning Board action is subject to review under the State Environmental Quality Review Act; The proposed action considered by this Board is Unlisted in the Department of Environmental Conservation Regulations implementing the State Environmental Quality Review Act and the regulations of the Town of Queensbury; No Federal or other agencies are involved; Part 1 of the Short EAF has been completed by the applicant; Whereas, the Planning Board adopted Resolution SP 76-2017 on 12/21/2017 adopting SEQRA determination of non-significance, and Upon review of the information recorded on the EAF, it is the conclusion of the Town of Queensbury Planning Board as lead agency reaffirms that this project will result in no significant adverse impacts on the environment, and, therefore, an environmental impact statement need not be prepared. Accordingly, this negative declaration is issued. MOTION TO REAFFIRM NEGATIVE DECLARATION FOR THE PROPOSED SITE PLAN MODIFICATION 1-2020 QUEENSBURY SQUARE, LLC. Introduced by David Deeb who moved for its adoption, seconded by Jamie White; th Duly adopted this 28 day of January, 2020 by the following vote: AYES: Ms. White, Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Dixon, Mr. Deeb, Mr. Traver NOES: NONE ABSENT: Mr. Valentine MR. TRAVER-All right, and then the next resolution. RESOLUTION APPROVING SP MOD # 1-2020 QUEENSBURY SQUARE, LLC The applicant has submitted an application to the Planning Board for Site Plan approval pursuant to Article 9 of the Town zoning Ordinance for: Applicant proposes a site plan modification to a 5,460 sq. ft. building under construction. The project is to install three 57 sq. ft. pads with canopy covers for a total of 170 sq. ft. The project site includes an existing 7,000 sq. ft. liquor store. Pursuant to Chapter 179-9-120 of the Zoning Ordinance, modifications to existing site plan for new covered delivery entrance shall be subject to Planning Board review and approval. 4 (Queensbury Planning Board Meeting 01/28/2020) Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter 179-9-080, the Planning Board has determined that this proposal satisfies the requirements as stated in the Zoning Code; As required by General Municipal Law Section 239-m the site plan application was referred to the Warren County Planning Department for its recommendation; The Planning Board has reviewed the potential environmental impacts of the project, pursuant to the State Environmental Quality Review Act (SEQRA) and adopted a SEQRA Negative Declaration – Determination of Non-Significance The Planning Board opened a public hearing on the Site plan application on 01/28/2020 and continued the public hearing to 01/28/2020, when it was closed, The Planning Board has reviewed the application materials submitted by the applicant and all comments made at the public hearing and submitted in writing through and including 01/28/2020; The Planning Board determines that the application complies with the review considerations and standards set forth in Article 9 of the Zoning Ordinance for Site Plan approval, MOTION TO APPROVE SITE PLAN MODIFICATION 1-2020 QUEENSBURY SQUARE, LLC. Introduced by David Deeb who moved for its adoption; Per the draft provided by staff conditioned upon the following conditions: 1) Waivers request granted: g. site lighting, h. signage, k. topography, q. soil logs, r. construction/demolition disposal s. snow removal. 2) Adherence to the items outlined in the follow-up letter sent with this resolution. a) If application was referred to engineering, then engineering sign-off required prior to signature of Zoning Administrator of the approved plans; b) Final approved plans should have dimensions and setbacks noted on the site plan/survey, floor plans and elevation for the existing rooms and proposed rooms in the building and site improvements, c) Final approved plans, in compliance with the Site Plan, must be submitted to the Community Development Department before any further review by the Zoning Administrator or Building and Codes personnel; d) The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the beginning of any site work; e) Subsequent issuance of further permits, including building permits is dependent on compliance with this and all other conditions of this resolution; f) As-built plans to certify that the site plan is developed according to the approved plans to be provided prior to issuance of the certificate of occupancy; g) Resolution to be placed on final plans in its entirety and legible. Motion seconded by Jamie White. Duly adopted this 29th day of January, 2020 by the following vote: AYES: Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Dixon, Ms. White, Mr. Deeb, Mr. Traver NOES: NONE ABSENT: Mr. Valentine MR. TRAVER-You’re all set. MR. DOBIE-Thank you very much for your time, Board. MR. TRAVER-Next on our agenda we move to New Business, and the first item under New Business is Clear Brook, LLC, Subdivision Sketch Plan 1-2020. NEW BUSINESS: SUBDIVISION SKETCH PLAN 1-2020 SEQR TYPE: UNLISTED. CLEAR BROOK, LLC. AGENT(S): HUTCHINS ENGINEERING. OWNER(S): EXCESS LAND, LLC. ZONING: WR. LOCATION: BIG BOOM ROAD. APPLICANT PROPOSES TO COMPLETE THE CLEAR BROOK 12 LOT SUBDIVISION TWO LOT SUBDIVISION OF 83.62 ACRE LOT INTO 78.6 ACRES AND 5.02 ACRES FOR TWO RESIDENTIAL HOMES. LOT 13 (5.02 ACRES) TO CONNECT TO TOWN WATER AND LOT 14 (78.6 ACRES) TO HAVE A WELL. PROJECT WILL BE SUBJECT TO ADDITIONAL PROJECT REVIEW FOR TOWN BOARD. PURSUANT TO CHAPTER 183 OF THE 5 (Queensbury Planning Board Meeting 01/28/2020) ZONING ORDINANCE, SUBDIVISION OF LAND SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: SUB SKETCH PLAN 4-2018; AV 54-2018, SUB (P) 13-2018, FWW 6-2018, SUB (F) 4-2019. WARREN CO. REFERRAL: N/A. LOT SIZE: 83.62 ACRES. TAX MAP NO. 316.14-1-6 (PORTION). SECTION CHAPTER 183. TOM HUTCHINS & DENNIS PHILLIPS, REPRESENTING APPLICANT, PRESENT MR. TRAVER-Laura? MRS. MOORE-So this application, Clear Brook, was a 12 lot subdivision with one lot remaining. The applicant proposes a two lot subdivision of that lot with one lot to be 78.6 acres and the second lot to be 5.02 acres. Both lots are to be developed for residential homes. Lot 13 is to be connected to Town water and Lot 14 would have its own well at this time. MR. TRAVER-Okay. Thank you. Good evening. Welcome back. So what’s up with Clear Brook. MR. HUTCHINS-Good evening, Board. We’re proposing to subdivide the remaining lot, leftover lot we talked about at the original subdivision meeting into two residential lots. This configuration is similar to an earlier configuration that you had seen, although we have one less residential lot than what our original plan was. Originally we had two lots out here on the big piece we call it. We’re proposing one residential lot here and the other one is up here at the top of the hill. The reason we had taken that one out the last time we were here had to do with the water district and we’re in the process of working with the Water Superintendent and the Town Board on the water district aspect of this. As you remember there’s a, the Town has a water line that runs down this easement and then across the river to the Town of Moreau and that’s on property owned by Clear Brook with an easement and we’re working through that detail with the Water Department. Otherwise technically the soils were fine. They’re both high and dry and this is a large wetland area here that’s been completely delineated. The easement runs through it.. The easement runs through the wetland and crosses a canal here. We had some discussion about a canal crossing in the past, but technically as far as home sites it’s pretty straightforward. It’s all sands. We are proposing to utilize an individual water supply well out here. We’re willing to extend the water district if that’s the purvey of the Water Department, but we are proposing a water supply well even though there is a water line right here. The water in it doesn’t belong to the Town of Queensbury anymore because there’s a meter right there and once it goes through that meter it’s the Town of Moreau’s. So bringing an individual water supply from Queensbury to this residential site would involve either a parallel crossing next to the Town’s water line which we’re not thrilled about and I’m sure the Town wouldn’t be thrilled about or an underground crossing underneath the canal which is feasible but it’s. MR. TRAVER-I think we talked about this way back. MR. HUTCHINS-So we’re proposing a water supply well out here. It’s a 70 some odd acre final lot. There’s plenty of room for water supply and wastewater. With that, Dennis, do you want to add anything? MR. PHILLIPS-I have nothing. Maybe Dave would like to speak. DAVE LIPINSKI MR. LIPINSKI- No, I think Tom summed it up. Unless you have any questions. MR. MAGOWAN-I have one. Since the meter’s there, it’s just a hypothetical. Why couldn’t you have a Moreau meter? MR. DEEB-That’s what I was thinking, just talk to Moreau. MR. MAGOWAN-Maybe they don’t want to tap into that main going across. MR. HUTCHINS-Well, I think it would, we’ve had that thought, but our semi conclusion it might get kind of complicated. Not only is that a Town line, it’s also a County line, which would, I don’t know if the Town of Moreau and Saratoga County could tax a user. It would make it very, very complicated. MR. MAGOWAN-So it sounds cheaper just to drill a well. MR. LIPINSKI-Yes. Less complicated. MR. MAGOWAN-And less complicated, too. MR. LIPINSKI-And it’s 80 acres and there are fire hydrants even out there. So it’s not like you couldn’t, but it’s 80 acres of land, and you could easily drill a well, and it’s less complicated from a bureaucratic point of view. 6 (Queensbury Planning Board Meeting 01/28/2020) MR. MAGOWAN-I’d just be afraid that the Hudson River’s going to lower. MR. SHAFER-Tom, I didn’t see a test pit on this upper location. MR. HUTCHINS-On this one? MR. SHAFER-Yes. Did I miss it on the drawings? MR. HUTCHINS-I remember doing it., There’s one right here. MR. SHAFER-Yes, there’s Test Pit Three on the northerly lot. MR. LIPINSKI-Lower left. MR. SHAFER-No there’s a test pit for that one on the drawing, but on the upper lot I didn’t see a test pit. MR. HUTCHINS-This one. MR. MAGOWAN-Test Pit Number 14. MR. HUTCHINS-Right here. I’m a little outside the field. MR. SHAFER-I see it. Okay. And was there mottling there like there was on the other one? MR. HUTCHINS-There was not down here. MR. LIPINSKI-There’s a ridge that goes above the regular main about 10 feet. MR. SHAFER-Remind me how you’re designing the wastewater systems for the previous lots and for these two, bedroom wise. MR. HUTCHINS-We’re using a generic four bedroom design and then if it has to be modified, a lot of times with subdivisions, particularly when you’re conveying lots, somebody might want to build a three bedroom house, somebody might want to build a five bedroom. Generically they’re sized at a four bedroom, and they’re all conventional systems. The ones in Phase One out towards the river as you went down the ridge, the soils got a little tighter and they’re shallow systems but they’re still all conventional, nothing outrageous. MR. SHAFER-Gotcha. Okay. MRS. MOORE-Tom, with the well on that one lot, Chris Harrington said that that was one way to handle it with the water district or not having a water district, that well could be drilled. That wasn’t the issue with the Water Department. MR. HUTCHINS-Chris Harrington had told me that there are a fair number of people within the water district that are on individual wells, and we’d probably have to do a little more discussion on that topic, but he had e-mailed me that. MR. DIXON-Last time when we were approving the whole development in there, that causeway, there was discussion, was it that the fire truck was to go across or was it the Town truck? There was something unique about that. MR. LIPINSKI-The bridge. MR. DIXON-Yes. So are we comfortable that a fire truck can get across there? Or do we have a let it burn policy? MR. HUTCHINS-We are comfortable. We’ve had a structural engineer evaluate it and we’re comfortable that, yes, there’s log trucks that have gone in and out of there for years and of course the concrete and such when the water line went in. So we are confident in that we have had it looked at. MR. LIPINSKI-We had an engineer examine it and also the Finch has gone across with 80,000 pound logging trucks, and it’s not a bridge. It’s a causeway. So it’s resting on ground. It’s not a bridge. MR. DIXON-Okay. I recall when we did the site visit out there you can see the drainage pipe going through it to connect one side to the other. MR. LIPINSKI-Yes. 7 (Queensbury Planning Board Meeting 01/28/2020) MR. HUTCHINS-Yes. MR. LIPINSKI-Right. It’s not a bridge, it’s a causeway. MR. HUTCHINS-But it is hydraulically connected, yes. MR. LIPINSKI-Yes. MR. HUTCHINS-But you can’t take a boat through it. MR. LIPINSKI-No. MR. DIXON-Okay. MR. LIPINSKI-Only the beavers go in there. MR. TRAVER-Other questions, comments from the Board? So, Laura, as to procedure, this is a Sketch, right? MRS. MOORE-Correct. If you think the applicant can move forward with Preliminary and the Final Stages and you don’t see any outstanding issues other than resolving the Water Department comments that would be pending, you could, if there’s no issues, you don’t make any recommendations, but if you don’t see any outstanding issues, that’s what you would identify. MR. TRAVER-Okay. All right. So they’re here for Sketch and feedback on their proposal. That was my only concern. I remember being out there. It was a long time ago now, but I remember some concern about two way traffic, that kind of thing. MS. WHITE-If I remember correctly, weren’t there originally going to be more than just one home over there and that’s why there was the concern about the two way? MR. LIPINSKI-That’s right. That’s what I was going to say. MR. TRAVER-It’s still a concern, but less of a concern. There isn’t a whole lot of options. MR. LIPINSKI-Did I mention that it is 18 feet wide. MR. TRAVER-Right. Yes, we’ve been there. Yes, it’s actually nice country out there. I was interested in the archeological site that was found down by the river., All right. So any feedback for them as they move from Sketch into filing a formal subdivision Preliminary and Final? I guess, do you have any questions for us? MR. HUTCHINS-I don’t believe so. If you have any suggestions, we’d be happy to listen. MR. TRAVER-Okay. I’m not hearing any. So I guess we’re happy with what we’re seeing. Thank you. MR. HUTCHINS-Thank you. MR. LIPINSKI-Thank you. MR. TRAVER-So next under New Business we have AREC 34, LLC for U Haul. Site Plan 4-2020 and Special Use Permit. SITE PLAN NO. 4-2020 SPECIAL USE PERMIT SEQR TYPE: UNLISTED. AREC 34, LLC – UHAUL. AGENT(S): ENVIRONMENTAL DESIGN PARTNERSHIP, LLP. OWNER(S): SAME AS APPLICANT. ZONING: CLI. LOCATION: 308 DIX AVENUE. SEQR: APPLICANT PROPOSES TO CONVERT 65,850 SQ. FT. OF BUILDING INTO CLIMATE CONTROLLED SELF- STORAGE WITH 641 UNITS AND SOME RETAIL/RENTAL SPACE AND TO ADD 10 DRIVE-UP SELF-STORAGE BUILDINGS WITH A TOTAL OF 147 UNITS. OTHER SITE MODIFICATIONS INCLUDE REPAIRS TO EXISTING CURBING AND CATCH BASINS AND THE REMOVAL OF BRUSH FROM EXISTING STORMWATER MANAGEMENT AREAS. PETITION FOR ZONE CHANGE: PROJECT INCLUDES A TOWN BOARD REFERRAL FOR ZONING LANGUAGE CHANGE FOR ALLOWABLE USES IN THE COMMERCIAL LIGHT INDUSTRIAL ZONE TO INCLUDE INTERIOR SELF-STORAGE AND TO BE CONSISTENT WITH THE NEIGHBORHOOD COMMERCIAL THAT ALLOWS INTERIOR SELF-STORAGE PROJECTS, PROJECTS WOULD BE SUBJECT TO SITE PLAN AND SPECIAL USE PERMIT. PURSUANT TO CHAPTER 179-15- 040, THE TOWN BOARD MAY REFER PROPOSED ZONING AMENDMENTS TO THE PLANNING BOARD FOR RECOMMENDATION AND PURSUANT TO CHAPTER 179-3-040 OF 8 (Queensbury Planning Board Meeting 01/28/2020) THE ZONING ORDINANCE, A NEW COMMERCIAL USE SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: SP 33-1993, UV 59-1994, PZ 798-2019 PETITION FOR ZONE CHANGE. WARREN CO. REFERRAL: TOWN BOARD REFERRAL. LOT SIZE: 29.35 ACRES. TAX MAP NO. 303.19-1-71. SECTION: CLI. BRANDON FERGUSON, REPRESENTING APPLICANT, PRESENT MR. TRAVER-Laura? MRS. MOORE-Okay. So before the Board tonight, the Planning Board is to seek Lead Agency Status, potentially accept Lead Agency Status, and then it moves forward through the waiting process and then comes back to this Board potentially in February so you can make a recommendation back to the Town Board in addition to completing SEQR, and then after the Town Board it would come back to the Planning Board for Site Plan Review and the Special Use Permit. I was trying to get them through this timing phase and my perfect world would say it would be on next month and I can’t get that to happen. MR. TRAVER-So we’ve got like a 30 day clock. Right? MRS. MOORE-Pretty much. So the idea behind the project is that they’re going to convert a portion of the existing K-Mart building into indoor self-storage. Currently in that zone indoor self-storage is not allowed. So they’re going through the Petition For Zone Change to change the language in our Code. They started this process a little bit ago so working through that information they are now on track to complete that process. It’s only a simple change adding that use into the Light Industrial zone. In the past we’ve had other indoor self-storage where it’s a Special Use Permit in addition to Site Plan. So the Board may want to consider whether they want the Town Board to include Special Use Permit, and that was in reference to the Neighborhood Residential zone. This is Commercial Light Industrial. Again, recommendation to the Town Board, they could still override whatever you suggest. So what I asked the applicant to do is at least give an overall presentation tonight so you can hear the project overall. MR. TRAVER-Okay. Very good. Thank you. Welcome. Tell us about your project. MR. FERGUSON-Hi. I’m Brandon Ferguson from Environmental Design Partnership. I’m here tonight with Ben Naaktgeboren and Gil Amelo of U Haul and I’ll try to explain the process here that we’re kind of going through. So the existing site is the old K-Mart site there on Dix Ave. and Quaker and they purchased property and they’re looking to convert a portion of the existing building into interior self- storage. The existing building’s about 170,000 square feet. Right now they’re looking at about 66,000 for the interior self-storage portion of it, and then there’s some area for like a future phase if there’s enough demand that they might want to do the one in the future. Other site modifications, they’re pretty minimal. There would be 10 other self-storage buildings on the site with 147 total units. These would be kind of your exterior pull up self-storage which is currently allowed in the zone. They’re a little bit of a unique building. They’re not really permanent structures. They sit on top of the existing pavement, and then we’re also proposing just a slight modification to some of the parking on this side to kind of just allow ease for loading and unloading of people’s stuff into the building, interior self-storage. Other than that it’s just kind of some maintenance stuff, replacing curb mains, fixing catch basins, cleaning up the stormwater management areas of the site, but overall the site layout kind of stays the same as it is now, with the existing building, the parking lot, and just the addition of the storage units as well. MS. WHITE-You mentioned two retail spaces. MR. FERGUSON-There is a little bit of retail space in the building. That’s kind of a use that goes along with the self-storage. It’s like boxes and supplies, rental stuff to help them move, that kind of stuff. MR. MAGOWAN-So you’re going to be utilizing the garage for maybe hitches and? MR. FERGUSON-Yes, so they rent out hitches. MR. NAAKTGEBOREN-We would install some hitches as well on site. That’s about the most work we do. We wouldn’t do any real truck maintenance on this site. We’d do that down in our repair facility in Albany. It would mainly just be the retail component, renting a few trucks, doing some hitches, doing the self-storage component. MR. DEEB-Are you going to keep the place on Main Street? MR. NAAKTGEBOREN-We do plan on keeping the Exit 18 location. MR. SHAFER-You’re keeping it? MR. NAAKTGEBOREN-Yes. 9 (Queensbury Planning Board Meeting 01/28/2020) MR. DEEB-One of the questions I have, and I don’t want to sound like a Grinch here, but the storage units have proliferated tremendously in Queensbury in the last. We’ve heard so many self-storage. You’d know better than we, but there are a few of them out there that are not architecturally pleasing to look at them, and I know other places do have codes that you have to make them blend in and look nicer from the outside. You have ten buildings going on that site. Are they going to be steel type storage units like the rest of the storage units in Town? MS. WHITE-No, he mentioned they were going to be like pods that are going to sit on top. MR. DEEB-Right, they’re not permanent. I understand that. MR. NAAKTGEBOREN-They’re like drive up style units. MR. DEEB-They’re still drive up style with a door that opens up and looks like the rest of them. MR. NAAKTGEBOREN-Correct. MR. DEEB-Yes. I have a little bit of concern with that, especially that big viewing area in that part of Town. There’s a lot of traffic that goes by. MR. TRAVER-Are you going to put some security fencing around that? MR. NAAKTGEBOREN-We don’t plan on putting in any security fencing. The nature of our units would be an alarm. So each customer when they come on site would swipe a key card that would disable their specific unit so it’s secure to them. MR. TRAVER-Okay. MR. DEEB-I’m just wondering if you would take that into consideration. That’s all. MR. SHAFER-What color will these units be? MR. NAAKTGEBOREN-We’re proposing that they’re going to be a white building with orange doors. MR. FERGUSON-With U Haul that’s kind of their typical color pattern. MR. SHAFER-The main building, are you going to be doing any architectural changes or upgrading to the existing K-Mart building? MS. WHITE-The exterior? MR. SHAFER-The exterior. MR. NAAKTGEBOREN-We’re not sure at this stage. On other K-Mart’s that we’ve purchased across the country we don’t go as crazy as like the Exit 18 location with that style of painting. Generally the K-Mart’s are a little more low key and we don’t do as much exterior façade work. MR. DEEB-Are you going to keep the color scheme? MR. NAAKTGEBOREN-Right now we’re really not sure what we’re going to do. MR. DEEB-That’s important. MR. TRAVER-Yes. We’ll want that clarified. MR. SHAFER-The obvious question. Instead of the ten buildings outside, you’re leaving a lot of the interior space unused. Is it just a different clientele and a different type of storage? MR. NAAKTGEBOREN-Yes. MR. DEEB-It’s climate control. Correct? MR. NAAKTGEBOREN-The interior would be climate controlled, but based on what we have. We have different customers for exterior drive up and interior climate control. It’s almost two different customer bases. MR. HUNSINGER-I imagine it’s a significant price difference too, right? MR. NAAKTGEBOREN-Climate control generally is more expensive. 10 (Queensbury Planning Board Meeting 01/28/2020) MR. HUNSINGER-Yes. MR. DIXON-With some of our other projects that have been in front of us for storage, are you planning on doing anything with boats, RV’s? MR. NAAKTGEBOREN-Potentially. We don’t really have a plan right now, but with the amount of parking on site we could see that in the future, especially being so close to Lake George, but right now we don’t really have a definite plan on that portion of that. MR. DIXON-And I didn’t see a landscape plan with this. Are you looking to freshen things up a little bit? Because it’s been sitting idle for a while. I know you’re going to clear some brush. It had mentioned that, but anything cosmetically along the street where most of the public are going to see it? MR. FERGUSON-We didn’t have any plans at this point, but we could take another look at that, kind of look at what could be done to kind of clean up some of the landscaping around there and maybe help buffer some of these storage units as well. MR. TRAVER-Yes, that would be a big help. That’s why I asked about the fence actually was not so much literally for security but because it would be, would help conceal. MR. MAGOWAN-Before you get into the buffering of the storage, the first thing I looked at, and it didn’t really sit with me, but I’ve looked at this big huge parking lot since K-Mart came in, and that was the big super-duper coming into Town and I think we over shot the parking lot unbelievably, but you’ve got those units up there on Dix Avenue and if you’re looking at this whole lot and that parking lot and the building, I would like to see those units up there on Dix Avenue at least brought around behind the old Livingston’s, what’s it called now, Wilson Realty? MR. NAAKTGEBOREN-So these units here you’re talking about? MR. MAGOWAN-Yes. MR. NAAKTGEBOREN-And you’re saying bring them behind here? MR. MAGOWAN-Right. MR. NAAKTGEBOREN-Okay. That’s something we could take a look at. MR. MAGOWAN-Yes. Then you could, you know, then you could add some green to it. I mean there’s so much parking lot there and you’re currently utilizing it. You know what I’m saying, and we have an opportunity to gain some green space back in there. That’s what I would like to see. Because you’re changing over here to the left of it a little, getting rid of the parking to get it so people can back in to the loading docks or whatever they have to do, but is there any way we could turn any of that back into green? That would be greatly appreciated in my eyes. MR. FERGUSON-We can look at that as well. MR. MAGOWAN-I mean I don’t know what the purpose was of having it out there on the road when you have all that parking lot over there. MR. FERGUSON-Yes, we’ll take a look at that closer and see if that’s something we can move behind there, and look at the possibility of putting some green space in. MR. MAGOWAN-I’d appreciate it. MR. TRAVER-Do you want to talk about the Code changes, Chris? MR. HUNSINGER-Yes. I saw you’re keeping the 40 foot lampposts. Current Code is 20. So that’s something to take a look at as well. MR. FERGUSON-Okay. MR. HUNSINGER-I saw that you were going to change out the fixtures. MR. FERGUSON-Yes. The fixtures, we were going to change out the fixtures to newer LED fixtures. We can look at that as well. MR. TRAVER-Dark sky and light pollution and all of that is since this facility was originally built. 11 (Queensbury Planning Board Meeting 01/28/2020) MR. MAGOWAN-And those LED’s are brighter. Usually if you can lower them down that works nice. Yes, whatever we can do to kind of make it look a little more homey instead of a desolate parking lot. MR. FERGUSON-Okay. Yes. MR. HUNSINGER-There were comments about the façade and the units, we didn’t have any elevation drawings. MR. FERGUSON-Yes, we definitely have elevations for those units. MR. HUNSINGER-Were they in the package? Did I miss that? MRS. MOORE-They weren’t included in the package. So the units that are separate and then the façade, if there’s any paint color scheme that you’re going to propose for the front of the building or the old building. MR. DEEB-We need to have the color scheme. MR. TRAVER-And signage, too. Any signage. MR. DEEB-You can see what we’re going for, appearance wise, we’re trying to make it look better than what’s down there now. MR. FERGUSON-Yes, and I think a lot of this process here we’re going through with the Town is trying to get this zoning, change to the zoning code to allow this interior self-storage use, and then obviously we’ve got to come back to you for site plan approval I think after that as well. MR. TRAVER-We’re trying to ease you into the process because these are all things that we’re going to need to look at. MR. DEEB-Zoning is something we can do, get that back to the Town. MR. MAGOWAN-But I am happy for the re-use there and I heard about it and I saw the pods in the back and you’re moving forward and I think it’s a great use of a big building in that indoor storage, especially with that controlled environment because we don’t have a lot of that. So you guys have some square footage to load up. MR. DEEB-Did you do a market study to see if there was demand enough for that number of units? MR. NAAKTGEBOREN-There definitely is for Phase I with the climate controlled portion, because there’s really not much north of Saratoga for interior climate control self-storage. MR. DIXON-Are you going to allow interior storage for those people that might have RV’s.? MR. NAAKTGEBOREN-It’s a possibility. We’ve done it at other locations. There’s still a lot up in the air. Really we’re just trying to get our original interior self-storage use going before we take the next step. MR. TRAVER-So, Laura, for this evening we have a resolution that we could choose to pass giving us, or action seeking Lead Agency Status. Right? That starts our clock? MRS. MOORE-Yes, and so the Town Board is the only other involved agency that we can identify at this time, and they consented already. So you could potentially do Seek and Accept Lead Agency Status, and if we had to do that again at the following meeting we could do that, if some other entity showed up at the front doorstep, but I don’t anticipate that obviously. MR. TRAVER-Yes. Is there any additional notification that’s triggered by our requesting Lead Agency Status? MRS. MOORE-No because if they’re the only agency, then the only people that we would notify is the Town Board saying, yes. MR. TRAVER-Okay. I didn’t know if maybe there was another organization that wouldn’t be aware until that motion was passed somehow, but, not that we need to. MRS. MOORE-Right, and again, you know, I’ve looked, they’ve looked. There’s really no other entity that would be an involved agency. 12 (Queensbury Planning Board Meeting 01/28/2020) MR. TRAVER-Okay. So theoretically we could Accept Lead Agency this evening and that starts the clock, and then at our next discussion we could Accept Lead Agency, and if they have a more complete plan, perhaps we could consider SEQR? MRS. MOORE-Correct. MR. TRAVER-Okay. All right. Does anyone have any other questions or comments for the applicant before we start the Lead Agency clock ticking so we can move ahead? All right. I guess we’re ready for that motion. MR. DEEB-So we’re going to Seek and Accept Lead Agency Status. MR. TRAVER-Seek. MRS. MOORE-That is up to the Board. If you wish to just Seek and Accept at the next meeting, that’s fine. I’d just as soon do both. MS. WHITE-But does that affect the clock? MRS. MOORE-No. MR. DEEB-Is everybody okay with that? MR. HUNSINGER-Yes, I’m okay with that. MR. TRAVER-Yes. MR. DEEB-Okay. RESOLUTION TO SEEK AND ACCEPT LEAD AGENCY STATUS SP # 4-2020 & SUP U HAUL WHEREAS, the applicant proposes: SEQR: Applicant proposes to convert 65,850 sq. ft. of an existing 170,130 sq. ft. building into climate controlled self-storage with 641 units and some retail/rental space and to add 10 drive-up self-storage buildings with a total of 147 units. Other site modifications include repairs to existing curbing and catch basins and the removal of brush from existing stormwater management areas. Petition for Zone Change: Project includes a Town Board referral for zoning language change for allowable uses in the Commercial Light Industrial zone to include interior self-storage and to be consistent with the Neighborhood Commercial that allows interior self-storage projects, projects would be subject to site plan and special use permit. Pursuant to Chapter 179-15-040, the Town Board may refer proposed zoning amendments to the Planning Board for recommendation and pursuant to Chapter 179-3-040 of the Zoning Ordinance, a new commercial use shall be subject to Planning Board review and approval. WHEREAS, the Planning Board of the Town of Queensbury has determined to begin an environmental review process under the State Environmental Quality Review Act (SEQRA). WHEREAS, the Planning Board of the Town of Queensbury has identified the project to be a Type I action for purposes of SEQR review pursuant to 6 NYCRR 617. WHEREAS, the Planning Board is the agency most directly responsible for approving the action because of its responsibility for approving the land uses for the property. NOW, THEREFORE BE IT RESOLVED, the Planning Board of the Town of Queensbury hereby indicates its desire to be lead agency for SEQRA review of this action and accepts lead agency as the only other involved agency, Town of Queensbury Town Board has consented to the Queensbury Planning Board. MOTION TO SEEK & ACCEPT LEAD AGENCY STATUS IN CONNECTION WITH SITE PLAN 4- 2020 AREC 34, LLC / UHAUL. Introduced by David Deeb who moved for its adoption, seconded by Brad Magowan: As per the draft resolution prepared by staff. th Duly adopted this 28 day of January, 2020 by the following vote: AYES: Mr. Hunsinger, Mr. Magowan, Mr. Dixon, Mr. Deeb, Ms. White, Mr. Shafer, Mr. Traver NOES: NONE ABSENT: Mr. Valentine 13 (Queensbury Planning Board Meeting 01/28/2020) MR. TRAVER-All right. The clock is ticking. Work very closely with Laura as you proceed to flesh out your project. Anything that we talked about that you want to incorporate be sure an=d include in your plans. For example you mentioned the potential of wanting to have RV’s or boat storage or something. That’s something that would definitely want to be on your plan because that’s something that people notice and it would have to be specifically approved for your plan. Other than that, we’re on our way. MR. FERGUSON-All right. So just to make sure we’ve got the process clear with this, so we could come back to you, then you would do, at the next meeting would potentially be a positive recommendation to the Town Board. MRS. MOORE-Correct. So they have to go through the SEQR process first and then make that recommendation, and I know there’s probably going to be some site plan details that we’ll discuss at a later time, but if there’s adequate information that you’re providing to the Board, this application and maybe some updates they’ve just addressed, that would get them potentially through the SEQR process and making that recommendation to the Town Board. MR. FERGUSON-Okay. MR. DEEB-The key is SEQR. We’ve got to get through that. MR. FERGUSON-Okay. MR. TRAVER-Yes, some of the issues like the lighting, you know, making the lighting compliant, the colors that we talked about, visual impact is SEQR related, as is lighting and so on. So if you can update the plans and provide that. The best advice I would have is communicate regularly with Laura and she will assist you through the process to try to streamline everything, so we have everything that we need in order to keep the steps moving forward. MR. FERGUSON-Sounds good. MR. MAGOWAN-And then also he did mention moving it. MR. FERGUSON-Yes. MR. MAGOWAN-Most important. Well one of the most important. MR. FERGUSON-Sounds good. All right. Thank you. MR. TRAVER-Good night, gentlemen. That concludes our agenda. Is there any other business before the Board this evening? MR. SHAFER-Just a question about the February meetings. Are they both on the same week? MRS. MOORE-No, so our February meetings, there’s only enough application materials for the two regular meetings. That third one was in case we needed an extra meeting, and we do not need that extra meeting. So the regular meetings. ththth MR. MAGOWAN-So it’s going to be the 18 and the 25, John, and they’re taking the 27 out. MR. TRAVER-Yes, we deliberately put three meetings. Spring is kind of the growing season for applications. So we put an extra meeting in the first few months, but if we don’t need them, according to Laura’s work load, then we just don’t hold them. MR. SHAFER-I’m asking because I’ll miss the second one. MR. TRAVER-Gotcha. Okay. We also have, is it next week already we have the Saratoga? th MRS. MOORE-Saratoga Conference is February 5. MR. TRAVER-That’s Wednesday. MRS. MOORE-Correct. MR. TRAVER-That’s good, and I saw that Sunny helped us register. So please thank her for that. And if there’s no other business before the Board tonight, we’ll entertain a motion to adjourn. MR. HUNSINGER-So moved. 14 (Queensbury Planning Board Meeting 01/28/2020) MOTION TO ADJOURN THE QUEENSBURY PLANNING BOARD MEETING OF JANUARY 28, 2020, Introduced by Chris Hunsinger who moved for its adoption, seconded by Stephen Traver: th Duly adopted this 28 day of January, 2020, by the following vote: AYES: Mr. Deeb, Ms. White, Mr. Magowan, Mr. Hunsinger, Mr. Dixon, Mr. Shafer, Mr. Traver NOES: NONE ABSENT: Mr. Valentine MR. TRAVER-We stand adjourned. Thank you, everybody. On motion meeting was adjourned. RESPECTFULLY SUBMITTED, Stephen Traver, Chairman 15